The equitable doctrine of waiver embodied in section 112 of Transfer of Property Act is applicable to the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960.

CHENNAKESAV REDDY, J.

( 1 ) THIS is a revision petition preferred by the tenant under section 22 of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, (hereinafter referred to as the Act ) seeking to revise the order of the Chief judge, City Small Causes Court, in R. A. No. 557 of 1973, dated 27th november, 1973 upholding the order of the Principal Rent Controller, hyderabad in I. A. No. 996 of 1972.

( 2 ) THE facts giving rise to this petition may be shortly set out. The respondents are the owners of a building consisting of four mulgies bearing municipal No. 11-6-207 situated near Public Gardens, Nampally, Hyderabad. The petitioner is a tenant in one of the mulgies. The land-ladies filed applications for eviction of the tenants on the ground that the building is required bona fide for reconstruction. Those applications were dismissed by the Rent Controller Aggrieved against the decision of the Rent Controller, the land-ladies preferred appeals which were allowed by the Chief Judge, city Small Causes Court, Hyderabad, The learned Judge also directed the land-ladies to complete the construction within a period of six months from the date the possession of the building was handed over to them and offer the premises to the tenants within 15 days after the completion of the reconstruction.

( 3 ) THE tenants were given a month s time to deliver the possession of the premises. The tenants preferred revision petitions to this Court. This Court dismissed the revision petitions on 25th June, 1971 with the following directions;"the short question is whether the order of the lower Court directing the eviction of the tenants enabling landlord to efect reconstruction should not be upheld. A question has been raised about the sufficiency of the undertaking. I find no substance in it, in the event of the tenant not being put in possession after the reconstruction is effected appropriate action can be taken to move the Court for recovery of possession by the Tenants. The order of eviction is now made conditional on the landlord. carrying out the reconstruction within six months from the dale of the surrender of possession of the last of the mulgies or within such time as the rent-controller may allow on application, the order of eviction is made conditional also on the undertaking in terms of section 1 being filed in the lower Court within one month from today. "

( 4 ) THE land-ladies accordingly gave the required undertaking on 20th July, 1971, in compliance with the directions of this Court in the civil revision petitions. Subsequently an E. P. also was filed for the issue of warrant of eviction and the same was issued by the Rent Controller on 17th September, 1971 and the tenant delivered possession. The last tenant gave possession of this mulgi to the land-ladies on 1st October, 1971, while the other three tenants had vacated their mulgies earlier. The land-ladies again filed an application I. A. No. 45} of 1972 for extension of time by six months for the completion of reconstruction. After notice to the tenants the Rent Controller allowed that petition on 1st July, 1972, and extended time for completion of reconstiaction till 1st October, 1972. On 16th September, 1972 the land-ladies gave a notice to the petitioner tenant offering the mulgi on a monthly rent of Rs. 296 while the original rent was only Rs. 25 per month. The tenant replied refusing to pay the rent demanded and requiring the land-ladies TO deliver possession of the mulgi. But the land-ladies refused to deliver possession. The tenant, therefore, filed LA. No. 996 of 1972 on 9th October, 1972 before the Rent Controller for redelivery of the possession of the mulgi incompliance with the undertaking given by the land-ladies. The land-ladies filed a counter affidavit stating that the tenant failed to deliver possession within one month from the date of the order in accordance with the directions of this Court, that the land-ladies could only get the posse

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